What was the outcome of Tenancy Tribunal case 4644469?

The tribunal order states: Tracee Kennington and Breeana Kennington must pay Anna Lee Wilkinson

How much money was awarded in case 4644469?

Cleaning: $140.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $254.00 awarded to landlord; Property Damage: $165.17 awarded to landlord; Graffiti: $180.00 awarded to landlord; Replace Furnishings: $133.00 awarded to landlord; Rubbish Removal: $10.00 awarded to landlord

What type of tenancy dispute was case 4644469?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4644469?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9566185-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4644469?

The tribunal order states: Tracee Kennington and Breeana Kennington must pay Anna Lee Wilkinson

How much money was awarded in case 4644469?

Cleaning: $140.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $254.00 awarded to landlord; Property Damage: $165.17 awarded to landlord; Graffiti: $180.00 awarded to landlord; Replace Furnishings: $133.00 awarded to landlord; Rubbish Removal: $10.00 awarded to landlord

What type of tenancy dispute was case 4644469?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4644469?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9566185-Tenancy_Tribunal_Order.pdf.

88 Dunns Avenue, The Pines Beach, The Pines Beach Tenancy Tribunal Case 4644469 — Property damage

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88 Dunns Avenue, The Pines Beach, The Pines Beach Tenancy Tribunal Case 4644469 — Property damage | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4644469 — net $902.61 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$140.00	Carpet Cleaning
Rubbish removal	$10.00	Rubbish removal
Lawns and Garden work	$254.00	Lawns and Garden work
Lock/key replacement	$165.17	Lock/key replacement
Replace furnishings	$133.00	Replace furnishings
Repairs: Graffiti	$180.00	Repairs: Graffiti
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$902.61
Total payable by Tenant to Landlord	$902.61

Claims and awards for application 4644469 — net $902.61 NZD. Verify on MoJ.

Carpet Cleaning

Amount: $140.00
Awarded to: Landlord
Reason: Carpet Cleaning

Rubbish removal

Amount: $10.00
Awarded to: Landlord
Reason: Rubbish removal

Lawns and Garden work

Amount: $254.00
Awarded to: Landlord
Reason: Lawns and Garden work

Lock/key replacement

Amount: $165.17
Awarded to: Landlord
Reason: Lock/key replacement

Replace furnishings

Amount: $133.00
Awarded to: Landlord
Reason: Replace furnishings

Dismissed claims

A Multibox — as there is no evidence of that being provided as a chattel.

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Lawns And Garden Work Property damage Rubbish Removal

Order

Tracee Kennington and Breeana Kennington must pay Anna Lee Wilkinson $902.61 immediately, calculated as shown in table below. DescriptionLandlord Carpet Cleaning$140.00 Rubbish removal$10.00 Lawns and Garden work$254.00 Lock/key replacement$165.17 Replace furnishings$133.00 Repairs: Graffiti$180.00 Filing fee reimbursement$20.44 Total award$902.61 Total payable by Tenant to Landlord$902.61
The landlord’s other claims are dismissed.

Reasons

The landlord attended the hearing. The tenant did not attend.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The landlord claims that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord provided limited evidence of the interior of the property at the end of the tenancy. The landlord proved its claims for carpet cleaning, dumping costs and lawn & garden work. The evidence did not establish that general cleaning was required.
The tenant did not return the keys. The landlord provided receipts for this item. The landlord also provided evidence of the cost of a replacement freestanding wardrobe unit. The unit was listed in the chattels list in the tenancy agreement, but not at the property at the end of the tenancy. The claim for a multibox is dismissed as there is no evidence of that being provided as a chattel.
The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
There was graffiti damage to bedroom walls in a studio. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The landlord has already been compensated for paint damage to those walls. The walls had not been repainted by the time the graffiti occurred.
As the landlord has already received compensation to repaint the walls, she is only entitled to the cost of sealing the or covering over the graffiti to return the walls to the condition where they are ready for repainting. I award $180.00 for that work.
As the landlord was substantially successful, I have awarded reimbursement of the Tribunal filing fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4644469 — net $902.61 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$140.00	Carpet Cleaning
Rubbish removal	$10.00	Rubbish removal
Lawns and Garden work	$254.00	Lawns and Garden work
Lock/key replacement	$165.17	Lock/key replacement
Replace furnishings	$133.00	Replace furnishings
Repairs: Graffiti	$180.00	Repairs: Graffiti
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$902.61
Total payable by Tenant to Landlord	$902.61

Claims and awards for application 4644469 — net $902.61 NZD. Verify on MoJ.

Carpet Cleaning

Amount: $140.00
Awarded to: Landlord
Reason: Carpet Cleaning

Rubbish removal

Amount: $10.00
Awarded to: Landlord
Reason: Rubbish removal

Lawns and Garden work

Amount: $254.00
Awarded to: Landlord
Reason: Lawns and Garden work

Lock/key replacement

Amount: $165.17
Awarded to: Landlord
Reason: Lock/key replacement

Replace furnishings

Amount: $133.00
Awarded to: Landlord
Reason: Replace furnishings

Dismissed claims

A Multibox — as there is no evidence of that being provided as a chattel.

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Lawns And Garden Work Property damage Rubbish Removal

Order

Tracee Kennington and Breeana Kennington must pay Anna Lee Wilkinson $902.61 immediately, calculated as shown in table below. DescriptionLandlord Carpet Cleaning$140.00 Rubbish removal$10.00 Lawns and Garden work$254.00 Lock/key replacement$165.17 Replace furnishings$133.00 Repairs: Graffiti$180.00 Filing fee reimbursement$20.44 Total award$902.61 Total payable by Tenant to Landlord$902.61
The landlord’s other claims are dismissed.

Reasons

The landlord attended the hearing. The tenant did not attend.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The landlord claims that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord provided limited evidence of the interior of the property at the end of the tenancy. The landlord proved its claims for carpet cleaning, dumping costs and lawn & garden work. The evidence did not establish that general cleaning was required.
The tenant did not return the keys. The landlord provided receipts for this item. The landlord also provided evidence of the cost of a replacement freestanding wardrobe unit. The unit was listed in the chattels list in the tenancy agreement, but not at the property at the end of the tenancy. The claim for a multibox is dismissed as there is no evidence of that being provided as a chattel.
The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
There was graffiti damage to bedroom walls in a studio. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The landlord has already been compensated for paint damage to those walls. The walls had not been repainted by the time the graffiti occurred.
As the landlord has already received compensation to repaint the walls, she is only entitled to the cost of sealing the or covering over the graffiti to return the walls to the condition where they are ready for repainting. I award $180.00 for that work.
As the landlord was substantially successful, I have awarded reimbursement of the Tribunal filing fee.

Tenancy Tribunal case 4644469 — Property damage at 88 Dunns Avenue, The Pines Beach, The Pines Beach

At a glance

Tenancy Tribunal case 4644469 — Property damage at 88 Dunns Avenue, The Pines Beach, The Pines Beach

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions